Merck Gets Bellwether Suit Slashed In Fosamax MDL

Law360, New York (August 30, 2011, 6:21 PM EDT) -- A New York federal judge on Tuesday dismissed every claim but one in a bellwether case in multidistrict litigation alleging Merck & Co. Inc.'s osteoperosis drug Fosamax causes jaw deterioration, allowing only a design defect claim to stand for trial.

U.S. District Judge John Keenan awarded Merck summary judgment on claims for failure to warn, breach of warranty, fraudulent concealment and punitive damages, in addition to partly granting Merck and plaintiff Linda Secrest's bids to bar expert testimony.

Secrest, who is one of seven bellwether plaintiffs...
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